There are various options available for funding a claim for personal injury or medical negligence. Some of the options are:

• private funding
• conditional fees
• legal expenses insurance
• community funding (Legal Aid)

Private funding

If you win your case, your opponent will usually be ordered to pay most, if not all of your costs. If there is a shortfall, you will be responsible for this. If you lose the case, you will probably be ordered to pay the other side's costs as well as your own. Insurance policies are available to insure against this -  the premium is likely to be substantial but may be partly or wholly recoverable from the other side if you win.

It is also possible that if you win, your opponent may not pay what they have been ordered to pay. If your opponent has community funding (Legal Aid), you may not recover costs even if you do win.

Conditional fees

These are also known as “no-win/no-fee” agreements. Our fees are generally only payable if you win your case and if you lose and have to pay your opponent’s costs you may be covered by insurance.

Legal expenses insurance

You may have legal expenses insurance as part of your household and contents insurance or as a separate insurance policy.

Community funding (Legal Aid)

Legal Aid is available to investigate clinical negligence claims. The Legal Services Commission will decide whether legal aid should be granted, taking into accounts the merits of the claim and the finances of the person applying. When a claim is brought for a child it will be the child’s income and savings which are looked at, rather than that of the parents. This means that most children are financially eligible for legal aid.

If your claim is successful the defendant should pay the legal costs.